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<br />I <br /> <br />I <br /> <br />system, as applicable, of such district and shall have a <br />perpetual lien on and against the premises for the cost <br />of making the connectioIl, and any such lien may be <br />foreclosed in the same ~anner as provided by the <br />laws of this state for the foreclosure of mechanics' <br />liens. <br />(II) Nothing in subparagraph (1) of this <br />paragraph (a) shall be qonstrued as authorizing the <br />board of any sanitation, water and sanitation, or water <br />district to compel any connection with the sewer, <br />water and sewer, or water lines, as applicable, of such <br />district, by any owner of premises located outside of <br />such district who utilizes private or nongovernmental <br />persons, services, systems, or facilities including, but <br />not limited to, an individual sewage disposal system, <br />for the provision of sewer, water and sewer, or water <br />lines to such premises. <br />(b) (I) To divlde such district into areas <br />according to the water or sanitation services <br />furnished or to be furnished therein. The board has <br />the power to fIX different rates, fees, tolls, or charges <br />and different rates of levy for tax purposes against all <br />of the taxable property' within the several areas of <br />such district according to the services and facilities <br />furnished or to be furnished therein within a <br />reasonable time. In addition, if the board fmds it <br />infeasible, impracticable; or undesirable for the good <br />of the entire district to extend water or sewer lines <br />and facilities to any paIit of such district, the board <br />may designate by resolution such area not to be <br />served with water or sanitation service, but such area <br />designated not to be serVed shall be at least ten acres <br />in extent. <br />(II) If the board divides a special district into <br />areas according to the facilities and services <br />furnished or to be furnished, to determine the amount <br />of money necessary to be raised by taxation within <br />each such area, taking into consideration other <br />sources of revenue within the area, and to fix a levy <br />which, when levied ~pon every <bllar of the <br />valuation for assessment of taxable property 'within <br />such area of the special district, will supply funds for <br />the payments of the costs of acquiring, operating, and <br />maintaining the services or facilities furnished in <br />such area and will pay proIq)tly, when due, the <br />principal or interest on' bonds or other obligations <br />issued and its pro rata share of the general operating <br />expenses of the district. <br />(c) (I) To establish, construct, operate, and <br />maintain works and facilities across or along any <br />public street or highway, and in, upon, or over any <br />vacant public lands, which public lands are the <br />property of the state of Colorado, and across any <br />stream of water or watercourse. The board of county <br />commissioners of any county in which any public <br />streets or highways are situated which are to be cut <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />into or excavated in the construction or maintenance <br />of any such facilities has authority to adopt by <br />resolution such rules as it deems necessary in regard <br />to any such excavations and may require the payment <br />of reasonable fees by such district as may be fixed by <br />the board of county commissioners to insure proper <br />restoration of such streets or highways. <br />(II) When such fee is paid, it is the <br />responsibility of the board of county commissioners <br />to promptly restore such street or highway to its <br />former state. If the fee is not fixed and paid, such <br />district shall promptly restore any such street or <br />highway to its former state of usefulness as nearly as <br />may be and shall not use the same in such manner as <br />to completely or unrecessarily impair the usefulness <br />thereof. <br />(Ill) This grant of authority is not and shall <br />not be construed as a limitation upon the existing <br />powers of any municipality to regulate works and <br />facilities in public streets or highways. <br />(d) 10 assess reasonable penalties for <br />delinquency in the payment of rates, fees, tolls, or <br />charges or for any violations of the rules and <br />regulations of the special district together with <br />interest on delinquencies from any date due at not <br />more than one percent per month or fracrion thereof, <br />.and to shut off or discontinue water or sanitation <br />service for such delinquencies and delinquencies in <br />the payment of taxes or for any violation of the rules <br />and regulations of the special district, and to provide <br />for the connection with and the disconnection from <br />the facilities of such district; <br />(e) To acquire water rights and construct and <br />operate lines and facilities within and without the <br />district; <br />(f) To have and exercise the power of <br />eminent domain and dominant eminent domain and, <br />in the manner provided by article I of title 38, C.R.S., <br />to take any property necessary to the exercise of the <br />powers granted, both within aildwithout the special <br />district, except for the acquisition of water rights; <br />(g), To fix and from time to time to increase <br />or decrease tap fees. The board may pledge such <br />revenue for the payment of any indebtedness of the <br />special district. <br />(h) (1) To assess availability of service C!' <br />facilities charges subject to the following provisions: <br />(A) No fee, rate, toll, or charge fer <br />connection to or use of services or facilities of such <br />district shall be considered an availability of servie;: <br />or facilities charge. <br />(B) Any availability of service or facilities <br />charges shall be made only when a notice, stating dut <br />such availability of service or facilities charges are <br />being considered and stating the date, time, and plaC1e <br />of the meeting at which they are to be considered, Ius <br /> <br />Page 9 <br /> <br />November,2ool <br />